HomeMy WebLinkAbout2012-04-03 Planning Board Supplemental Materials (60) URBELIS&FIELDSTEEL,LLP
155 FEDERAL STREET
BOSTON,MASSACHUSETTS 02110-1727
Telephone 978-475-4552
THOMAS J.URBELIS Telephone 617-338-2200
e-mail tju@uf-law.com Telecopier 617-338-0122 -
March 29, 2012
Judy Tymon, Town Planner
Town of North Andover
1600 Osgood Street
North Andover, MA 01845
Re: JEFFCO Site Plan
Review Special Permit
Dear Judy:
You have informed me that the Planning Board requests advice regarding the following
three issues:
1. Section 7.2 Street Frontage
This section states that"In no case shall actual street frontage at the street line be less
than seventy-five (75) feet; except as allowed by Section 7.2.2." This section, Frontage
Exception, requires that exception for meeting frontage requirements be granted upon approval
of a Special Permit issued by the Planning Board.
Q. Given that the ZBA granted a variance for all of the required frontage (150
ft.) does this requirement for a Special Permit still apply?
RESPONSE:
hi my opinion, no. The ZBA's variance stated:
"Upon a motion by Joseph D. LaGrasse and 2a by Richard M. Vaillancourt,the
Board voted to GRANT a dimensional Variance from Section 7, Paragraph 7.2
and Table 2 of the Zoning Bylaw for relief of 150' from the requirements for
Street Frontage."
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URBELIS&FIELDSTEEL,LLP
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Page 2
The ZBA's foregoing broad grant of a variance from Paragraph 7.2 (titled "Street
Frontage") which specifically deals with street frontage would, in my opinion, include the grant
of variance from 7.2.2 as it relates to a special permit under that specific section.
2. Section 7.2.1 Access across street frontage.
This section states that"Access across street frontage, except for corner lots, must be
provided across street frontage." It also states that"A street frontage access Special Permit may
be granted for a lot in a residential district." The SPGA is the Planning Board.
Q. Does the Planning Board have the authority to request a Special Permit
application from the applicant under this section?
RESPONSE:
In my opinion, no. For the same reason as stated in response to the prior question, in my
opinion, the broad variance grant from Paragraph 7.2 includes variance from 7.2.1 as it relates to
a special permit under that specific section.
3. Access to residential lots through commercially developed lots:
The applicant is proposing to build a residential structure and is providing access to the
lot through two commercial lots.
Q. Does the NAZB require that access to residential lots shall not be granted
across the frontage of a commercially developed lot?
RESPONSE:
Under the circumstances of this particular application, in my opinion, the answer is no.
This application is under Section 18 of the Zoning Bylaw, the Downtown Overlay District. The
bylaw states the following as its purpose;
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"18.0 Purpose.
Downtown zoning is the creation of a specific zoning overlay district for the
unique needs of small mixed use commercial areas: to provide goods, services
and housing in a more compact environment; to encourage redevelopment; and, to
create a vibrant, walkable, pedestrian- and bicycle-friendly environment. The
Downtown Overlay District seeks to preserve and enhance the existing mixed
uses of downtown North Andover.
It is hereby declared to be the intent of the Downtown Overlay District to
establish reasonable standards that permit and control mixed residential,
commercial, governmental, institutional, and office uses in the Town of North
Andover. Furthermore, it is the intent of this district to:
1. Encourage a diverse mix of residential, business, commercial, office,
governmental, institutional and entertainment uses for workers,
visitors, and residents.
2. Encourage mixed uses within the same structure,
3. Encourage first floor retail space.
4. Encourage a pedestrian and bicycle friendly environment so that
commercial enterprises and consumer services do not rely on
automobile traffic to bring consumers into the area.
5. Permit uses that promote conversion of existing buildings in a manner
that maintains and enhances the visual character and architectural scale
of existing development within the district.
6. Minimize visual and functional conflicts between residential and
nonresidential uses within and abutting the district.
7. Allow for more compact development than may be permitted in other
zoning districts to reduce the impacts of sprawl.
8. Encourage consolidation of curb cuts for vehicular access and promote
more efficient and economical parking facilities.
9. Encourage uses that minimize noise and congestion.
10. Allow for an appropriate density of land uses and people to support a
vibrant downtown.
This bylaw is intended to be used in conjunction with the existing zoning and
other regulations as adopted by the town, including historic district regulations,
design guidelines, and other local bylaws designed to encourage appropriate and
consistent patterns of village development."
With the bylaw's overlap of commercial and residential uses,there does not appear to be
anything in that bylaw which, on its face, requires that access to residential lots shall not be
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Page 4
across the frontage of a commercially developed lot.
SUPPLEMENTAL RESPONSE:
In our discussions you also asked about the criteria which the Board should use in
evaluating this special permit application.
The special permit application states that it is pursuant to Site Plan Review(Section 8.3)
and Section 18 of the Bylaw, both of which should be considered by the Board because the
applicant has stated so in the application for the special permit. Furthermore, the grant of
variances stated as a condition, in part:
"l. Variance 2008-014 shall be contingent on a Planning Board Site Plan
Review Special Permit with the accompanying signed Site Plan."
Thus,the applicant was required, by the variance, to obtain a Planning Board Site Plan
Review Special Permit.
A. Section 8.3—Site Plan Review:
Subsections 6 and 7 (in pant) state:
"6. Review Criteria/Design Guidelines
a) The following criteria and design guidelines shall be used by the
Planning Board in evaluating the site plan review and all information
submitted as part of the application.
i) General
a) Conformance with all appropriate provisions of the Zoning
Bylaw.
b) Protection of abutting, properties from detrimental site
characteristics.
ii) Environmental
a) Protection of unique or important natural, historic or scenic
features.
b) Adequacy of proposed methods of refuse disposal.
c) Ability of proposed sewage disposal and water supply systems
within and adjacent to the site to serve the proposed use.
d) Adequacy of the proposed drainage system within and adjacent
to the site to handle the increased runoff resulting from the
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development.
e) Provision of adequate landscaping, including the screening of
adjacent residential uses, provision of street trees, landscape
islands in the parking lot and a landscape buffer along the
street frontage.
I) Adequacy of the soil erosion plan and any plan for protection
of steep slopes, both during and after construction,
g) Protection of adjacent properties by minimizing the intrusion of
lighting, Including parking lot and building exterior lighting.
h) The proposed development must not present a demonstrable
adverse impact on the surrounding area resulting from
excessive noise, dust, smoke, or vibration which are higher
than levels now experienced from uses permitted in the
surrounding area.
iii) Design
a) Buildings shall be located with respect to setbacks placement
of parking landscaping and entrances and exits with
surrounding buildings and development.
b) The buildings shall relate harmoniously to each other in
architectural style, the location and building exits and
entrances.
c) Screening shall be provided for storage areas, loading docks,
dumpsters, rooftop equipment, utility buildings and similar
features.
d) Electric, telephone, cable t.v., and other such lines and
equipment must be placed underground.
e) Demonstrate that the scale, massing and detailing of buildings
are compatible with those prevalent in the surrounding area.
iv) Traffic/Parking
a) The location and number of curb cuts shall be minimized to
reduce turning movements, and hazardous exits and entrances.
b) Provision for access to adjoining properties shall be provided
as appropriate.
c) Driveways shall be located opposite each other wherever
possible.
d) Joint access driveways between adjoining properties shall be
encouraged.
e) Internal circulation and egress shall provide for traffic safety,
and access to and from minor streets servicing one family
dwellings shall be minimized.
7. Findings of the Planning Board
a) With the concurring vote of four members, of the Planning Board shall
either A) approve, B) approve with conditions, or C) deny a site plan
submitted for review.
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i) The Planning Board shall approve a site plan with the following
conditions are met:
A. The site plan complies with all current Bylaw requirements of
the Town, and;
B. The site plan has been submitted in accordance with the
regulations and procedures as outlined in this section and
Section 10.31 (Conditions for Approval of Special Permit.)
ii) The Planning Board shall conditionally approve a site plan when
the following conditions are met:
a) The application needs to go to any Town Board/Department or
Commission for approvals, or requires approvals by any state,
and/or federal agency and;
b) The site plan generally complies with Town Bylaw
requirements, but requires minor changes in order to be
completely in compliance with the Town Bylaw regulations.
iii) The Planning Board may deny approval of a site plan for the
following reasons:
a) The plan does not include all the materials or information
required in this section, or has failed to adhere to the
procedures for Site Plan Review as outlined in this section, and
Section 10.3 (Special Permits), or;
b) The plan as presented is not in compliance with Town Bylaws,
or;
c) The plan has been drawn incorrectly or in such form that the
Planning Board is unable to determine what information is
being presented for review, or;
d) The applicants have failed to incorporate and adhere to any
condition(s) for approval granted by any Town Board,
Department or Commission, or requirements called for by any
state or federal agency, which has proper authority upon which
to place conditions on a matter before the Planning, Board.
B. Section 18 Criteria:
"18.6 Special Permit Standards and Criteria
In addition to the specific criteria regarding the grant of a special permit contained in
Section 10.31 of this bylaw, the Planning Board shall issue a special permit only after
consideration of the following:
a. Impact on the neighborhood visual character, including architectural design,
views and vistas; and
b. Degree to which the proposed use will share an access driveway and/or parking
with an adjacent use and avoids new curb cuts."
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C. Section 10.31:
All special permits (and Section 8 and Section 18 specifically reference Section 10.31)
are subject to the following:
"10.31 Conditions for Approval of Special Permit
1. The Special Permit Granting Authority shall not approve any such
application for a Special permit unless it finds that in its judgment
all the following conditions are met:
a. The specific site is an appropriate location for such a use, structure
or condition;
b. The use as developed will not adversely affect the neighborhood;
c. There will be no nuisance or serious hazard to vehicles or
pedestrians;
d. Adequate and appropriate facilities will be provided for the proper
operation of the proposed use;
e. The Special Permit Granting Authority shall not grant any Special
Permit unless they make a specific finding that the use is in
harmony with the general purpose and intent of this Bylaw.
2. In approving a Special Permit, the Special Permit Granting Authority
may attach such conditions and safeguards as are deemed necessary
to protect the neighborhood such as, but not limited to, the following:
a. Requirements of front, side, or rear yards greater than the
minimum required by this Bylaw.
b. Requirements of screening parking areas or other parts of the
premises fi•om adjoining premises or from the street, by walls,
fences,planting, or other devices as specified by the Special Permit
Granting Authority.
c. Modification of the exterior features or appearances of the
structure:
d. Limitation of size, number of occupants, method or time of
operation, or extent of facilities;
e. Regulation of number, design and location of access drives or
other traffic features."
D. Supplementary Regulations
A regulation which the Board may want to consider is the following Section 8.1.5.c:
"c) Entrance and Exit Driveway.
i) Single-family dwellings shall have a minimum driveway entrance of
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March 29, 2012
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twelve (12) feet.
ii) For facilities containing fewer than five stalls, the minimum width of
entrance and exit drives shall be twelve (12) feet for one-way use and
eighteen (18) feet for two-way use, and the maximum width twenty (20)
feet.
iii) For facilities containing five (5) or more stalls, such drives shall be a
minimum of twelve(12) feet wide for one-way use and twenty (20) feet
wide for two-way use. The minimum curb radius shall be fifteen (15) feet.
The maximum width of such driveways at the street line shall be twenty-
five (25) feet in all districts.
iv) The Planning Board may modify such width and radius limitations when a
greater width would facilitate traffic flow and safety. All such driveways
shall be located and designed so as to minimize conflict with traffic on
public streets and provide good visibility and sight
distances for the clear observation of approaching pedestrian and vehicular
traffic."
Please call if you have any questions or there is anything else that you need.
Very truly yours,
Thomas J, rbelis
TJU:kmp
cc: Andrew Maylor
Curt Bellavance